OKTO

Consumer Terms and Conditions EU

OKTO e- wallet

Consumer Terms and Conditions EU

Please note that for some jurisdictions separate Consumer Terms and Conditions are applicable. Please be advised for Germany, Italy

1. Why you should read these terms and conditions

This Agreement sets out the Terms and conditions for the Consumer OKTO e-wallet and the related provision of Services. It is a contract that is entered into between OKTOPAY LIMITED (“we”, “us”), acting as a distributor of Sureswipe E.M.I. PLC (“Sureswipe” or “EMI”) and you (the “User”). It applies to OKTO Consumer e-wallet accounts in the EU/EEA Countries.

These terms and conditions are valid and bound by both parties throughout the duration of the service relation, from date of the Account opening until Account closure.

Please read this Agreement carefully prior to accepting it and before you start using our services. The Agreement and the relevant documents tell you who we are, how we provide the Services to you, how this Agreement can be changed or terminated, what to do if there is a problem and other important information.

If you do not accept these Terms and Conditions, you must refrain from opening an OKTO Account.

For any further assistance, please contact us at support@oktopayments.com

In addition to this agreement, you also need to read and understand the following documents:

This Agreement is concluded in English language and all communications between you and us shall be in English only. We may also elect to use an alternative language to effectively communicate locally with you. Use of such alternative language for localization purposes should not be deemed as official for contractual purposes, unless otherwise provided in the applicable legislation. For contract purposes the official language is English and where any discrepancy exists between the English and the alternative language version, the English version will supersede.

By accepting this Agreement, you agree that we will contact you by writing to you at the email address(es) you provided when agreeing to this Agreement or by using any other contact details you have provided to us or have used in communications with us. We may also provide notices or other information to you from time to time through our Website (including the posting of information accessible to you after your Account login). Notices sent by email or made through our Website shall be deemed to have been received 24 hours after the time of remittance of email or of posting to the Website.

2. Glossary

“Account” or “e-wallet” or “OKTO Account” or “OKTO e-wallet” is the e-money payments account you have opened with us (acting in our capacity mentioned below) in your name, which you will be using in accordance with the terms and conditions of this Agreement.

“Agreement” are the terms and conditions included in this agreement, including all subsequent amendments and any additional documentation that accompanies it and to which you should adhere to.

“App” or “OKTO App” is a mobile application software which allows you to access and manage your OKTO Account.

“Available balance” means the amount of e-money held in your OKTO e-wallet.

“Business Day” means Monday to Friday from 9:00 – 17:00 Easter European Time – UTC+2, excluding bank and public holidays in Cyprus, Greece and/or other jurisdictions where the services are provided.

“Card” or “OKTO Card” is a prepaid/debit Visa/MasterCard which is connected to your e-wallet and can be used to spend your available balance where prepaid/debit Visa/MasterCard is accepted.

“Consumer” means any natural person who enters into this Agreement acting for purposes other than a trade, business or profession.

“Customer Due Diligence” is the process that we use to identify, verify our customers and monitor their Accounts according to our anti-money laundering obligations.

“EEA” or “European Economic Area” are the European Union (EU) member states as well as Iceland, Norway and Lichtenstein.

“E-money” or “Electronic Money” means electronically, including magnetically, stored monetary value stored in your OKTO e-wallet. as represented by a claim on the issuer (EMI), which is issued upon receipt of funds for the purpose of making payment transactions and which is accepted by a natural or legal person other than us. The electronic money shall not constitute a bank deposit and shall bear no interest. For the purposes of this Agreement, any value stored in your OKTO e-wallet is electronic money and the issuer is Sureswipe. The terms “e-money”, “money” and “funds” are used interchangeable in this Agreement.

“IBAN” is the International Bank Account Number, a standard international numbering system that identifies your Account.

“Merchant” or “Seller” is any retailer with physical or online shop, who is providing goods and/or services and is using the Services to receive payments through the OKTO e-wallet.

“Services” are all products, services, features and functions offered by us that can be accessed by the User via the OKTO App.

“Terms and conditions” see Agreement.

“Third party” any other natural or legal person other than the parties under this agreement.

“Transaction” is an action by you which results to money entering or leaving your Account.

“User” is a natural person over 18 years old and is using the Services.

“Website” means our website from time to time, currently www.oktowallet.eu.

“Writing” means in written form including email.

3. Who we are

OKTOPAY LIMITED is acting as an Electronic Money Distributor (EMD) Sureswipe E.M.I. PLC, a public limited liability company established in Cyprus, with registration number HE366500 and registered address at 18 Kyriakou Matsi, 1st Floor, Nicosia 1082, Cyprus and authorized as an Electronic Money Institution (EMI) with authorization number 115.1.3.26, under the supervision of the Central Bank of Cyprus.

For the avoidance of doubt, any reference to OKTOPAY shall include the local registered EMDs of specific jurisdictions, as those are defined below:

For Greece
NETLINK SERVICES AND INFORMATION
SYSTEMS SINGLE MEMBER SA, with
registered office at 10-12, Dorilaiou Str.,
11521, Athens Greece.
For Germany
OKTOPAY Deutschland GmbH, with
registered office at Am Zirkus 2,
10117,Berlin, Germany
For the rest of EU/EEA Countries
OKTOPAY LIMITED, with registered address
at 10 Mnasiadou and Strasikratous, ELMA HOUSE,
Floor 2, 1065, Nicosia Cyprus

OKTO is a registered trademark and a brand under which the Services are offered by OKTOPAY.

We operate and provide services on Business Days.

This Agreement will be provided at you, at all times on the Website. These terms and conditions may also be sent to you or appear in places on the Website, OKTO App or otherwise where relevant to your use of the Services. You can ask for a copy of these terms and conditions through the Website at any time or you can contact us at support@oktopayments.com.

4. Who can use the Services?

You can agree to this Agreement and open an OKTO Account 18 years of age and over, resident of any country where the Services are available and you have the full capacity to enter a contract. We may ask you at any time to show proof of your age. OKTOPAY cannot guarantee the identity of the user. There are therefore inherent risks that come with the inability to confirm identity especially when dealing with people who act under false pretenses.

5. What is an OKTO e-wallet?

Your e-wallet is a payment account maintained under your name, that holds e-money. E-money is an electronic alternative to cash. We are offering only e-wallets in Euro and RON (only available in Romania) currency.

With your e-wallet you can do the following:

With your OKTO e-wallet you can do the following:

Hold, send to and receive funds from other Users (P2P).
Hold, send and receive funds.
Redeem money from your e-wallet by sending it to your debit card or to your bank account.

You should never allow anyone to operate your OKTO e-wallet on your behalf. All activities carried out in your account are deemed as activities carried out by you and you represent and warrant that you are the sole beneficiary of your Account.

You may only open one OKTO e-wallet. The opening of duplicate accounts for the same customer shall be refused. Where duplicate Accounts are detected, they shall be closed or merged.

Our provided Services are displayed on our Website. If we add new features or services, we may notify you via the email address you have given us when you opened the e-wallet. However, it is your responsibility to regularly check the Website where the updated features and services are displayed.

You can maintain balances in your OKTO Account; however, you will not receive any interest on the money in your Αccount. OKTO e-wallet is an electronic money account and is not a bank account. Electronic money accounts are not allowed by the European Law to receive any paying interest. Electronic money is not a deposit or investment under the Cyprus Law and is therefore not protected by any deposit protection scheme or the investor compensation fund scheme that is provided for in Cyprus.

Every transaction executed, will appear in your transaction history.

Using the OKTO Card

If you use the OKTO Card, you are implicitly accepting the terms governed by Paynovate SA, who is the issuer of the OKTO Card. These terms can be found at http://www.oktowallet.eu/oktopay-card-consumer-terms-and-conditions/.

PAYNOVATE SA (Company number: 0506.763.929) whose principal office is at Cantersteen, 47, Brussels registered in Belgium is a company authorised by the National Bank of Belgium under as an Electronic Money Institution in Belgium (“PNVT”) under the Act of 26 March 2018 regarding the legal status and supervision of credit institutions and electronic money institutions, access to the undertaking of payment service providers and to the activity of issuing electronic money, and access to payment systems (“PSD2-Act”) with license issued on 2019-03-26 , for the issuance of electronic money and provision of payment services. Details of PNVT license can be found in the following link: https://www.nbb.be/fr/supervision-financiere/controle-prudentiel/domaines-de-controle/etablissements-de-paiement-et-4.

6. Opening an OKTO e-wallet

When opening an OKTO e-wallet through the OKTO App, you are requesting to open an Account for you under our and EMI’s authorization and approval. When requesting to open an Account for you, you will need to accept all required Terms and Conditions and provide us with the following information for opening a Basic Account:

A valid and active email address which is legitimately assigned to you and validated via a one-time password (OTP)

Mobile phone number to which you are the legitimate holder, and which is validated via a one-time password (OTP)
Identification data (name, date of birth, address, id number)

You may need to upgrade your Basic Account to Standard, Premium or Platinum Account in order to be able to use the full Services and to increase your Account limits. This means that you will be required to provide us with further information, including a photo of your National ID Card or Passport, a selfie and a photo of a recent utility bill that confirms your permanent residence address.

For the Premium and Platinum Account, we may request additional documentation to construct the economic profile and where necessary, identify the sources of origin of wealth. For further details on the upgrade of the Basic Account, please see the OKTO KYC/AML Levels and Limits set forth on the OKTO Website.

Specifically for Romania-based users:

For Romania-based users, the Basic Account is not available. When requesting to open an OKTO Account through the OKTO App, you will need to accept all required terms and conditions and provide us with the abovementioned information for opening a Standard Account. You may need to upgrade your Standard Account to Premium or Platinum Account in order to be able to use the full Services and to increase your Account limits by providing us with the corresponding documentation. For further details on the upgrade of the Standard Account and the relevant documentation, please see the OKTO KYC/AML Levels and Limits set forth on the OKTO Website.

For Romania-based users, if you request to open a Standard Account by providing a National ID Card or Passport issued by any authority other than the Romanian Authorities, where therefore there is no reference to your CNP (Cod Numeric Personal), you will not be allowed to send funds and use your OKTO e-wallet to participate in betting and gaming activities.

You agree to comply with any further request from us for additional information for this purpose and that you will provide this information promptly.

You also agree that we may request or obtain, directly or through any Third Parties, the necessary documents or information to validate the information you provided to us. Examples include commercial databases or other sources of information that we use to comply with our legal obligations for Customer Due Diligence purposes.

It is important to keep your details up to date and let us know immediately if any information you have given to us has changed. This is necessary to avoid possible disruption to the provision of the Services. We cannot be responsible for any financial loss arising out of your failure to do so. We will ask you from time to time to confirm the accuracy of your information and in some cases ask you to provide additional supporting documents.

For the Basic Account, you need to complete the necessary verification steps in accordance with the OKTO Accounts and Limits set forth on the OKTO Website, within 30 days from registration, in order to upgrade to Standard Account. Should this condition be not fulfilled, we have the right, at our discretion, to block your OKTO Account and you will only be able to upgrade your account. In case you do not complete the above necessary verification steps for upgrading your Basic account to Standard account within 30 days from registration, you consent for the available balance to be reversed by Sureswipe from your account, using the same transfer method as the one through which it originally received the funds, within reasonable time and net of any transfer fees or other charges incurred by Sureswipe in accordance with the OKTO Consumer Services Pricing. If the initial transfer was made in cash, you will be requested to provide an active bank account of which you are the beneficiary, for the initial fund to be returned within reasonable time and net of any transfer fees or other charges incurred by Sureswipe in accordance with the OKTO Consumer Services Pricing.

If you want to know more information about how we use your personal data, please see the OKTO Privacy Policy.

7. Protecting your account

You must take appropriate steps to protect your Account from being misused. You must take reasonable steps to secure your devices, items, IDs, passwords required to access your OKTO Account. You should PROTECT your security credentials by storing them safely. We advise that you change your password regularly and ensure that it is not reused in other online accounts.

In order to ensure the safety of your Account and of the Services provided to you, you agree to do the following:

Try to conceal your password in order to make it hard for others to understand.
Try to avoid using as a password information that can be known to a number of people, like your birthday, ID number, telephone number, or a sequence of letters and number that can easily be guessed.
Try not to allow any prying eyes from seeing you entering your login details.
Refrain from using any functionality, either device or software specific, that allows you to store (“remember”) your login details as they may be compromised.
Ensure that you do not remain logged in your Account after you have finished accessing the Services.
Do not allow other people to use your OKTO Account or OKTO Card.
Do not share your security credentials with anyone else.

In some cases, we may ask you to authenticate an instruction related to your Account.

This is necessary to ensure that it’s you giving us the instruction. This could include your email and password in order to successfully log into your Account to provide us with your instruction.

If your security credentials are stolen, lost, used without authorization or compromised, you should immediately contact support@oktopayments.com and change your password without delay.

We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this Website or any other website. You must take your own precautions to ensure that you are not exposed to the risk of viruses or other form of interference which may damage your own computer system.

8. How is your Account balance protected?

When money is received from you for the services, Sureswipe E.M.I PLC will issue the equivalent value of e-money and place it in your e-wallet. The equivalent money received from you are deposited into a pooled safeguarding client account with a bank in the European Union, separated from the EMIs own money. This means that, in case of insolvency, your e-money will not be used against payment of the company’s liabilities. Your money is safe and protected in accordance with the Electronic Money Regulations which are designed to ensure the safety of funds held in electronic money accounts like your OKTO Account. Unlike banks, there is no lending out customer money and your account has no interest bearing. Instead of protecting your money in a deposit guarantee scheme which does not apply to our services, your money is safeguarded by Sureswipe E.M.I.
Safeguarding means that, by law, your money is kept in accounts that are completely separate from corporate accounts that are used for running a business. These funds are called ‘safeguarded funds’. This means that, in case of insolvency, your e-money will not be used against payment of EMI’s liabilities. It should be noted that segregated account(s) will be established, maintained, and operated according to the applicable rules and regulations. The banking institution(s) will receive instructions regarding the transfer and the movement (s) of the money.

9. How to get information about your OKTO e-wallet?

You can view your OKTO Account statement by logging into your OKTO Account. All your transactions will appear in the transaction history section of your OKTO e-wallet. You can access the transaction history when you log in to your OKTO Account and select the transactions tab/button.

The Account information is available for 5 years after you close your Account with us. We highly recommend that you do not disable notifications from us but, if you choose to do so, you will have to check your payments regularly on the OKTO App.

You need to check your OKTO e-wallet regularly and let us know immediately if you see a transaction that was not authorized by you or a payment that you think it might be made incorrectly. You can do this no later than 13 months from the date of the transaction otherwise, you are not entitled to any correction of errors or refund of funds. With this you acknowledge and agree to review your Transactions through your OKTO Account, and the relevant transaction history section and you understand and accept that no period statements will be sent to you either physical or by e-mail.

The Available Balance in your Account should always be positive or zero. If your OKTO e-wallet goes negative as a result of a reversal of a transaction or any other action, the EMI may ask you to repay the negative balance within seven (7) Business Days. In case you fail to do so, we will close your OKTO Account and terminate this Agreement.

10. Adding money to your OKTO Account

Each time you want to add money in your OKTO e-wallet (top up), you may select the funding source of your preference. You can use a debit card that you have registered with us. The debit card you will use to top up your wallet must be in your name. You can also add money to your OKTO e-wallet by making a bank transfer. If you use a card or a bank account in another currency to top up your OKTO wallet, the card provider may charge you a fee. For the funding of your account, you can also deposit cash in any of our Points of Sale (if and where available).

When you add money to your Account the equivalent amount of e-money will be issued in Euro or RON (only available in Romania). The e-money will be stored in your Account, and you can use them for the available Transactions. For now, the electronic money can be issued only in Euro or RON (only available in Romania).

All debit card holders are subject to validation checks and authorization by the card issuer. We are not responsible if the issuer of your payment card refuses to authorise the top up of your Account. In this case, no money will be added to your Account. You accept that the credit institution (or intermediary involved in the process) may reverse any part of the funds, for any reason; as a result, we shall immediately reverse the respective amount from the OKTO e-wallet net of any transfer fees or other charges, using the same transfer method as the one through which you originally added the funds.

Your balance in your OKTO Account will always be used for your next payment transaction. In the event where you do not wish to use the existing balance but would rather use a balance from another funding source for your next payment, you will only be able to do so by withdrawing the entire current balance of your Account and then using the other funding source to fund your account with fresh e-money. Please keep your funding information (i.e., debit/credit card number and expiration date) up to date.

Sureswipe and/or us may limit the funding sources that will be available to you when adding money to your OKTO Account in order to mitigate the potential risk linked with the use of certain funding source. Any such limitation will be communicated to you before the Transaction is executed, at which time you will be asked to provide an alternative funding source (for example use of bank transfer as opposed to a debit card).

We may limit the adding of money in your Account, either by requirement of the anti-money laundering laws and regulations, or at our reasonable discretion (for example, without limitation, to limit fraud or credit risk). In no event will such limits exceed the maximum allowable limits set by the applicable legislation including mainly the anti-money laundering legislation.

We impose limits on the amount you want to add to your e-wallet for legal and security reasons in accordance with the OKTO KYC/AML Levels and Limits, to which you agree to be bound. In case you want to add more money than your limit, you can upgrade your Account, and you will be requested to provide us with some additional information and documentation.

11. Receiving money in your OKTO e-wallet

Receiving money in your OKTO e-wallet can take place as follows:

Through the OKTO e-wallet of the payer to your OKTO e-wallet (user to user Transaction)
Through verified bank account transfers (internet banking, phone banking etc.)

When you receive money into your Account from another OKTO user, the Transaction will appear in the transaction history of the OKTO App and will be added to your Available Balance by the end of the Business Day on which the funds were received.

In order to receive funds from a Third Party who does not have an OKTO Account through verified bank account transfers, the Third Party must provide all the necessary information for the remittance of funds, including the identity of the recipient-you (i.e. name and surname of the OKTO Account holder who shall receive the funds, reference number or any other information requested). Should the remittance of funds towards you does not fulfill all legal, compliance or other requirements such as the abovementioned, the Transaction may be either suspended until all necessary information is collected or cancelled. If the remittance transaction is cancelled, the remitted funds will not be credited to your Account, and the remitted funds will be sent back to the sending Third Party account, after all expenses or costs occurred during the transaction have been deducted.

The money you receive may be subject to reversal. You agree that, if the person who sends you the money or the relevant service provider reverses the amount, Sureswipe will deduct the amount from your OKTO Account.

Sureswipe and/or us may put limitations on the receipt of money in your OKTO Account, in order to comply with the applicable anti-money laundering laws and regulations, or at Sureswipe’s and/or our reasonable discretion (for example, without limitation, to limit fraud or credit risk). In no event will such limits exceed the maximum allowable limits set by the applicable legislation, including mainly the anti-money laundering legislation. Any such limits set can be viewed in your Account details.

We impose receipt limits on all Accounts in accordance with the OKTO KYC/AML Levels and Limits, to which you agree to be bound. In case you want to receive more money than your limit, you can upgrade your Account, and you will be requested to provide us with some additional information and documentation.

12. Withdrawal/redemption of electronic money from your OKTO e-wallet

You can redeem money from your OKTO e-wallet by transferring the relevant funds directly to a bank account in your name or to your debit card that you specify in the section “money out” and follow the instructions. Note that, if you send the money to your debit card and you want to withdraw in cash, the payment service provider will charge you a fee. Fees apply to withdrawals. Fees are disclosed in advance each time you initiate a withdrawal.

When you give us instruction to transfer any amount from your OKTO balance, you agree that you authorize us to transfer the Electronic Money to the bank account or debit card in your name by the end of the next Business Day. The transfer can only be made to an existing funding source that has been confirmed as your own. You can instruct us to withdraw any amount from your OKTO balance in the currency the balance is maintained for as long as the funding source can accept payments denominated in the currency of your account. E-wallets are only offered in euro or RON (only available in Romania) and does not offer currency conversion for now.

In certain situations, a withdrawal/redemption of funds may be delayed to comply with the anti-money laundering and other legal obligations. We may also delay a withdrawal/redemption to protect you, other users and itself from loss or if it needs to confirm that you are the one who has authorized the withdrawal.

Your withdrawals are subject to limits in accordance with the OKTO KYC/AML Levels and Limits, to which you agree to be bound. You may need to upgrade your Account in order to be able to withdraw more money than your specified limits by completing the necessary steps set out in the OKTO KYC/AML Levels and Limits. This means that you will be required to provide us with further information and documents.

13. Sending money from your OKTO e-wallet

Once you submit a payment order, we consider that you have given consent and authorized us to execute the Transaction.

You can send money to other OKTO users instantly in the section “SEND”, choose a recipient from your phone contacts, and follow the instructions to complete the transfer. The other person will receive the payment immediately. You have the option to send money in Euro or RON (only available in Romania).

You need to have enough available funds in your Account to cover the amount of any Transaction you make plus any additional fees. We reserve the right not to conclude a transaction until it receives cleared funds.

When making a transfer, make sure that the details of the person you want to pay are correct. If they are not, the payment may be delayed, or you may lose your money if you send it to the wrong account. Make sure that you know the person you are making a payment to. If someone requests a payment from you, make sure that you know who he is and what the payment is for to prevent being a victim of a scam.

We are not responsible for money sent to the wrong recipient as a result of incorrect information provided by you. If you have provided wrong information to us, you may ask us to assist you in recovering the money, but we cannot guarantee you that these efforts will be successful.

You can also send money from your OKTO Account to Merchants, by selecting (click) the relevant button (“Pay with OKTO”/or any other corresponding word or phrase) at the Merchant’s website, or by following other checkout options that permit you to provide us with payment instructions. You may also use alternative methods as they may be instructed, from time to time, when you are in the process of submitting a payment instruction. You shall complete all the required information (mandatory fields) in the relevant payment process and make the payment order by using your OKTO Account.

By sending funds to a Merchant, you enable the Merchant to process and complete the Transaction. Despite your action and the immediate availability of the e-money to the Merchant, a Merchant may choose to delay the processing the Transaction for reasons unbeknown to us.

Specifically for Romania-based users:

Regarding payments and sending funds to Merchants, if you are an employee of a gaming operator, you are not allowed to send funds and use your OKTO e-wallet to participate in betting or gaming activities hosted by the gaming operator you are employed by.

However, the above limitation does not apply for the use of your OKTO e-wallet in order to participate in betting or gaming activities hosted by any other gaming operator to whom you are not employed by.

We have no control over the products or services that are paid for with the OKTO Services, as we only act as independent intermediaries. The lack of control denotes that we cannot confirm the legality and do not assume the responsibility and potential liability stemming from the legality of the products or services that are paid for with/through the use of the Services.

We may impose a limit on sending money from your Account, either by requirement of the anti-money laundering laws and regulations, or at our reasonable discretion (for example, without limitation, to limit fraud or credit risk). In no event will such limits exceed the maximum allowable limits set by the applicable legislation including mainly the anti-money laundering legislation.

We impose sending limits on all Accounts in accordance with the OKTO KYC/AML Levels and Limits, to which you agree to be bound. In case you want to send more money than your limit, you can upgrade your Account by completing the necessary step set out in the OKTO KYC/AML Levels and Limits, and you will be requested to provide us with some additional information and documentation.

14. Exchange rates

There is no offer for a currency conversion at this time. No exchange rates apply.

15. Authorisation and execution of your transaction with your OKTO Card

You can authorize a Transaction with your OKTO Card by:

Making payments by entering the details of your OKTO Card to a Merchant (card number, expiry date and CVV number).
Allow a merchant to swipe the magnetic strip of the Card and the corresponding sales slip being signed.
Make a “contactless transaction” by touching your OKTO Card at a terminal (no PIN is required for contactless transactions up to a certain amount).
Insert your OKTO Card into the electronic card reader for transactions that require your PIN.
Provide your OKTO Card number and other details consenting to the initiation of payment orders for debiting your Account when entering into an agreement with a service

If you take these actions, we will consider as you are giving us consent execute a Transaction through your OKTO Card unless you notify us that the money was stolen from your account. For charges relating to the use of the card please see our fees at OKTO Consumer Services Pricing.

You cannot make any payments or use your OKTO Card after it has expired. The expiry date is printed on the card. You will not be able to use your OKTO Card the day following the expiry date. However, you will still be able to receive and send funds from and to the OKTO Account associated with the card.

You can contact support@oktopayments.com to request a renewal of your card, provided you do that 14 days before the expiry date printed on your Card. We may send you a renewed card for an expired Card even if you have not requested one. A replacement Card is subject to a fee. For further information regarding the use of your OKTO Card please visit the following link: Card Consumer Terms and Conditions.

16. Fees

We charge fees for our Services as stated in the OKTO Consumer Services Pricing set out on the OKTO Website. We are not responsible to determine any applicable taxes relating to your Transaction, nor we are responsible to collect report and remit any taxes arising from any Transaction. You agree that it is your sole responsibility to determine the applicable taxes relating to a Transaction and further to collect, report and remit tax balances arising from any Transaction to the relevant tax authority. If a transaction or payment requires you to pay a fee, we will disclose that fee to you at the time of the payment instruction.

All fees become due and payable upon the use of the Services by you. We have the right to receive all due and payable amounts towards you by directly debiting and subsequently reducing the balance of your Account without any specific notification. With the acceptance of this Agreement, you explicitly and unconditionally mandate us for the receipt and/or compensate these amounts with the equivalent debiting of your OKTO Account. Any amount that has become due and payable and has not been paid off due to insufficient balance, shall be withheld in priority against any other debit, once and to the extent the Available Balance is sufficient or compensated, if applicable.

We will not process your Transaction until we have received the fees from you. You cannot deduct any amounts from our fees.

We may make a charge for additional services we provide outside this Agreement. We will notify you if there are fees applicable when you ask for the specific service.

We are not responsible for the fees associated with a bank or another payment service provider to process payments from you to us. Any fees charged by third parties will be deducted by Sureswipe before crediting the remaining balance to you.

17. Cancelling a payment

You may not cancel or revoke a payment instruction that has already been received by us, nor can you withdraw your consent to execute a transaction.

You can only cancel a payment instruction in the case of a recurring payment (where available) and where the cancellation instruction is given at least by the end of the Business Day preceding the day the next recurring payment is due.

18. How long will the Transaction take?

Payments between OKTO users are made instantly and the money are available at the time of transfer.

If you give your payment instruction after the cut-off time (5.00 pm Easter European Time – UTC+2) the payment will be executed the next Business Day.

You may have the option to give us instructions to make a payment on a later date. In this case, the money will leave your account on that day.

19. If a payment was sent to the wrong account, wasn’t sent at all or was delayed

We try to process your payments correctly and timely, but sometimes things go wrong, and a payment might be delayed, be of incorrect amount or not received by the person you wanted to pay.

If a person has not received the money you have sent him/her, we will not be responsible if we have processed the payment correctly, but you gave us the wrong details.

If the payment was not received or delayed and the payer is in the EEA, let us know by sending an email to support@oktopayments.com no later than 13 months after the date on which amount was taken from your Account.

If the money was not received into the account, , and the reason was our mistake then we will refund the payment back into your Account including any charges paid as a result of our mistake. If possible, we will restore your account to the state in which it would have been if the transaction did not take place.

20. Refusal of execution of a Transaction

We may refuse to execute any type of Transaction in the following cases:

You do not have enough money in your Available Balance.
You do not provide us with all mandatory information requested in a payment instruction.
The Transaction exceeds the applicable limits as defined herein.
We have a reason to believe that the activity is in breach of these Terms and Conditions.
If we have a legal or regulatory obligation that prevents us from making the payment or if we are required to perform further checks
If a Third Party prevents us from making the payment (for example Visa and/or Mastercard does not allow a payment or a withdrawal).
If you owe money to Sureswipe and/or us and we need to repay the amount owed by you.
If your Account has specific restrictions.
If your Account is blocked for any other reason.

We may refuse the execution of any Transaction for any reason without limitation. Provided it is not prohibited by any applicable law, we will be required to provide information as to the reason it took action, what caused it to take action, and any remedial action you may take to resolve the refusal issue if possible.

You agree we may also suspend the execution of a Transaction, which based on available information at the time, can be reasonably deemed as above acceptable risk levels, and you will be notified for such action. Should the thread of excess risk be eliminated, we will lift the suspension allowing the execution of the Transaction.

21. Refunds to your Account

If a person has not received the money you have sent, and this is not due to our mistake, we will try to refund the money back to your Account, but this is not always possible.

We will not refund the payment if:

1. The personalized security credentials, are lost, stolen or misappropriated. For unauthorized payments where we believe you should have been aware of the loss, theft or unauthorized use, you will be liable for the first 50 EUR. We will not hold you liable for the first 50 EUR if the unauthorized payment was caused either by us, the EMI and/or a Third Party carrying out activities on our behalf. Your liability for the first 50 EUR also does not apply to any unauthorized transactions made after you have notified us that your OKTO e-wallet may have been compromised,

2. if we believe you have acted fraudulently,

3. if you do not quickly notify us for the loss, stealing or unauthorized use of your security credentials or access to your OKTO Account,

4. if the payment transaction was unauthorized but you have acted with intent, gross negligence or without due diligence,

5. if you don’t let us know about the unauthorized or incorrectly completed Transaction within thirteen (13) months from the date of the payment transaction.

For more information, please read the Refund Policy.

We will try to rectify all errors that may originate from our system, except if you tried to execute the erroneous Transaction at a time that it was known to users that the system was not properly functioning, either due to maintenance or unresolved technical issues.

22. If someone steals money from your account

If you have a reason to believe that someone has stolen money from your Account, you need to let us know as soon as possible and no later within 13 months from the date the money was taken from your Account. Sureswipe and/or we will pay the money back into your Account if any of the following applies:

There was no way to know that your security credentials were at risk of being misused.
The payment happened because of our and/or Sureswipe’s oversight.
The payment was made after you told us that someone knew your security credentials or if we didn’t give you a way to tell us about it.

We will pay you back any charges you had to pay as a result of the unauthorized payment.

We will not refund any money if you have acted fraudulently or you failed to keep your security credentials of OKTO App safe. We will also not make a refund if you gave someone your OKTO Card Pin and he made a payment using your card without you knowing about it.

23. Changing your PIN

If you forget your PIN of your OKTO Card or your OKTO Account, you may retrieve this on your OKTO App.

24. Cancelling your Card

In case your account is closed, it is your responsibility to destroy the card associated.

If you want to cancel your card or report it as lost or stolen, you must immediately contact us by email at support@oktopayments.com. Replacement cards will be sent to the most recent address you have registered with us. Replacement cards are subject to a Card Replacement Fee.

If you have found the card that you have reported as lost or stolen, you need to destroy it.

25. Closing your OKTO Account

You can close your Account at any time on the OKTO App. Go to setting, select ‘Account’ and then ‘Close Account’. You will be informed through the OKTO App as well as via e-mail that your request is received. and that the process for “Account Clearance” is initiated. After this point, you will not be able to log in to the OKTO App. You accept that your Account will remain under clearance until we inform you about the clearance result. Please ensure that any available balances on your e-wallet are withdrawn prior the closure request of your Account.

You must not close your OKTO e-wallet to avoid an investigation. If you attempt to do that, Sureswipe and/or we may hold your money until the investigation is fully completed in order to protect our interests and meet our legal obligations.

In case you close your account, you agree the following:

1. You will not be able to avail yourself with OKTO Services and any rights granted to you for the use of the Services and as per this Agreement shall cease immediately.
2. You forfeit any non-monetary benefits such as bonuses, coupons and/or vouchers (if applicable).
3. Any pending transactions will be cancelled and any instructions for recurring payments (if available) will be cancelled.
4. This Agreement shall be terminated, except to the extent and for so long as we require to deal with the closure of your Account and to comply with applicable laws and regulations.
5. We have the right to hold the balance in your Account for a period of 180 calendar days from the day you close your Account, in order to protect itself and any third party against any potential claims of reversals, fines, penalties and other liabilities that stem from the use of your Account while it was active. After this time, you will be able to withdraw any undisputed funds.
6. After your Account is closed you will remain liable for any outstanding obligations related to your Account prior to closure.

26. Terminating or suspending our Services at our own discretion

We may terminate our Services under this Agreement at any time by closing or blocking your Account at our own discretion in exceptional circumstances including:

If we have a good reason to believe that you might be acting fraudulently.
If we believe that you have provided false or misleading information
If this is required to meet our legal obligations.
If you did not provide us with the information, we need to meet our legal obligations or if you have provided us with incorrect information.
If we are unable to verify your identity or other information we have
If you have acted in breach of these Terms and Conditions Agreement in a serious way or in a way that we are entitled to close your Account.
If we have a reason to believe that you use the OKTO App in a way that might be harmful to our systems.
If we have a good reason to believe that, if we continue to offer you the Services this may harm our reputation.
If you refuse to repay money you owe us within a reasonable period of time.
If we must do so to meet instructions from governmental authorities within their legal competencies.
You do not use your Account for two years and we are unable to communicate with you during this period.
We suspect that your Account has been accessed without your authorization or if we are concerned about the security of your Account.
If we have reasonable grounds to believe you are carrying out a prohibited or illegal activity.

We will let you know when we block your Account including the reasons for this if the law allows us to do so. We will unblock your account as soon as the reasons for the account blocking do not exist.

*If Sureswipe holds Electronic Money for you for more than two years without any activity on the Account, we shall use reasonable endeavours to contact you to redeem the Electronic Money and return the corresponding funds to you. If we are unable to contact you, Sureswipe may redeem the Electronic Money and send the corresponding funds, less any costs incurred, to the last known bank account we have on file for you.

Sureswipe also has the right to close your Account and terminate this agreement, even if the aforementioned conditions are not the case, and without reason by giving a 2-month notice to the Account holder. Should this occur, Sureswipe may provide you (but not obligated to) with a reason for electing to close your Account and will allow you to withdraw any funds that are not blocked for any other reason.

27. Confidentiality

We undertake that we shall not at any time, disclose to any person any of your confidential information, except in the following circumstances:

to our employees, officers, representatives, or advisers who need to know such information for the purposes of exercising our rights or carrying out our obligations under or in connection with this Agreement. We shall ensure that our employees, officers, representatives, or advisers to whom we disclose your confidential information comply with this clause; and
as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority

28. General information

For a contract to be legally enforceable, there needs to be an offer and acceptance. This Agreement constitutes our offer to make the Services available to you and you agreeing to this Agreement constitutes your acceptance of this offer.

If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breach of this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

We shall have no liability to you under this Agreement or any contract if we are prevented from or delayed in performing our obligations under this Agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lockouts or other industrial disputes (whether involving us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or our default of subcontractors, provided that you are notified of such an event and its expected duration.

Each of the subclauses, clauses and paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining subclauses, clauses and paragraphs will remain in full force and effect.

Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between you and us or authorize either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

We may transfer our rights and obligations under this Agreement to another organization without your consent. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.

This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.

This Agreement and all matters arising from it and any dispute arising between the parties in connection with the Agreement shall be governed and construed in accordance with the laws of the Republic of Cyprus. Any legal proceedings resulting or connected with the Agreement shall be submitted for settlement before the competent courts as follows: (i) in case of legal proceedings brought by us against the Consumer, the courts of the Member State in which you are domiciled; (ii) in case of legal proceedings brought by you against us, either before the courts of the Member State in which we are domiciled, or before the courts of the Member State in which you are domiciled. However, this shall not prevent us from bringing any action in the courts of any other jurisdiction for injunctive or similar relief.

29. Making a complaint

If you are not happy with the provision of our services, please contact us at support@oktopayments.com support@oktopay.euor submit the online form and a customer representative will issue a ticket in reference to the dispute matter. We take seriously the complaints of our customers. If we receive a complaint from you, we will try to solve it within 15 business days. If the problem cannot be solved within 15 business days, we will send you a reply stating the reasons of the delay including the date of by which we will give you the final answer. In any case, the final reply will not exceed the 35 business days.

If you are not satisfied with our final reply, you may refer to the following Alternative Dispute Resolution Bodies:

Financial Ombudsman of the Republic of Cyprus:
Address: 13 Lord Byron Avenue, 1096 Nicosia Phone: +357 22848900
Facsimile (Fax): +357 22660584, +357 22660118
Website: www.financialombudsman.gov.cy
Emails:
Financial Ombudsman: fin.ombudsman@financialombudsman.gov.cy
Complaints: complaints@financialombudsman.gov.cy

Central Bank of Cyprus:
Address: 80 Kennedy Avenue, 1076
Nicosia Phone: +357 22714100
Facsimile (Fax): +357 22714959
Website: www.centralbank.cy

Cyprus Consumer Center for Alternative Dispute Resolution:

Address: 16 Kyriakou Matsi, Eagle House, 8th Floor, Agioi Omologites, 1082 Nicosia Phone: +357 22519741
Facsimile (Fax): +357 22318214 Email: secretariat@adrcyprus.com
Website: www.adrcyprus.com

Depending on your country of residency, you may be able to refer to additional Alternative Dispute Resolution Bodies that exist across EU. You may find an alternative dispute resolution body in your country by visiting https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2&lng=EN.

30. Restrictions on using the OKTO services

The Services must not be used, directly or indirectly, for the following restricted activities:

Breach this Agreement , the OKTO Acceptable Use Policy, Privacy Policy or any other policies.
Violate any law, regulation, directive, statute or contract in relation to the Services received, including without limitation, anti-money laundering laws and regulations, consumer and personal data protection, the Electronic Money Institution Law and its directives.
Use tools and mechanisms to conceal your online identity and location (use of proxy and other anonymizing technics).
Cause and maintain an Account with a negative balance.
Engage in activities (in accordance with information in our possession) that may present us with increased risk or fraud or credit exposure or that lead us to handling a disproportionate number of claims settled in favor of the claimant.
Use the Services in a manner that results in complaints, disputes, claims, reversals, fees, fines, penalties and other liability to us, the EMI, another User or a Third Party.
Use the OKTO Services for illegal purposes.
Intentionally or unintentionally facilitate any malicious computer programming routines that may cause damage, harmfully interfere with, clandestinely capture or steal any system, data or information.
Intentionally or unintentionally use any automatic device process or manual process to monitor or copy the Website without out prior written permission.
Use any device and/or software that intentionally or unintentionally interfered with the proper operation of the OKTO App, and/or the Website.
Infringe our, or any Third Party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
Provide false, inaccurate or misleading information.
Send or receive what we reasonably believe to be potentially fraudulent or unauthorized funds
Refuse to cooperate in an investigation or provide confirmation of your identity, or any information you provide to us.
Control an Account that is linked to another Account that has engaged in any of these restricted activities.
Use the Services in a manner that Visa and/or MasterCard, or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules.
Use the Services in a manner that is an abuse of a card system or a violation of card association or network.
Use of the Services in a way that we reasonably believe that might harm our ability to provide our Services.
Control or use an OKTO Account that’s not yours.
Give your or security credentials to any other person.
Allow anyone else to access or use your Account or the OKTO card.
Harass and/or threaten our employees, agents, or other representatives.

In case you use the Services for the above restricted services and/or in a manner that results in complaints, disputes, claims, reversals, fees, fines, penalties and other liability to us, the EMI, another User or a Third Party, you may be liable for the above restricted activities and their outcome. In such case, you agree to reimburse us, the EMI, a User or a Third Party for any and all such liability, and for us to settle any amounts owed as a result of the liability from your available balance. Should your balance be insufficient to cover the amount, you agree that the EMI may use any amount proceeds from a transaction, and in the event that such amount does not cover the liability, allow the holder of the claim to recover the amount through other legal means available.

In case of disputed amounts resulting from a claim or reversal on a payment, we will block the use of enough funds in your Account to cover the full amount of the dispute. The block will not affect the use of your Account if you have a residual balance in excess of the blocked disputed amount. The block is restricted to the disputed balance amount. Should the dispute be resolved on your favor, we will restore the full access to your account and remove the block from the formerly disputed amount. To the contrary, if the dispute is resolved in favor of the opposing party, the blocked amount will remove the required amount from your Account in settlement of the dispute resolution decision.

31. Changing these terms and conditions

We may change or update these Terms and Conditions from time to time for the following reasons:

To make it easier for you to understand,
If we change the way we are doing business with you or a major change in our operations,
To comply with changes in regulations,
To reflect changes in the costs associated with the way we do business with you,
When we are offering new products or services

We reserve the right to amend these Terms and Conditions unilaterally. You may access the applicable Terms and Conditions on our Website. It is recommended that you visit the Terms and Conditions page on our Website frequently in order to be informed accordingly.

The notification of the amendments of the Terms and Conditions is concluded by posting the amended Terms and Conditions on our Website or by emailing you to the email address associated with your Account.

Any amendment to the Terms and Conditions shall apply and is valid after the lapse of two (2) months from its notification, unless such modification is made in compliance to the provisions of the applicable legislation, any court ruling or administrative decisions or when it is connected to the provision of new services or new features of existing services or when the amendment, at our discretion, does not increase your obligations and does not restrict your rights.

In any event and within the aforementioned deadline of two (2) months, if you do not accept such amendment, you must close your OKTO Account and terminate this Agreement without any charge, otherwise you are deemed to have accepted the amended Terms and Conditions without reservation. In such an event, the relevant provisions herein regarding the results of the termination apply.

32. Representations and Warranties

We expressly disclaim, to the maximum extent permitted by law, all conditions and warranties, of any kind express, implied or statutory, regarding the Services offered or the software provided, including but not limited to the implied warranty of non-infringement, except for any condition or warranty whose exclusion would contravene any law and regulation (including the European Commission Directive on Unfair Commercial Practices of 2005), or cause any party of this paragraph to be void (hereon after referred to as “non-excepted conditions”). Our liability towards you as a result of a breach of any non-excepted condition is limited at your own option to a) refund of the price paid for the good or service that caused the breach b) replacement or repair of the good or repeat of the provision of the service that caused the breach unless such liability cannot be limited under jurisdictional laws and regulations.

We neither represent nor warrant that the provision of the Services to you will be without delay, interruption, compromise to your security systems, or error free (neither that all errors will be rectified) and we do not accept any responsibility for any delay or failure in delivering the Services under this Agreement. We may undertake to perform maintenance and/or repair work on our systems that may restrict your access to your OKTO Account and/or the Services.

33. Limitation of liability

In the event that we are deemed to have breached the Agreement leading to loss and causing direct damage to you, our liability will be limited to the following:

In no event shall we, our associates, affiliates and other related persons who act on our behalf, and/or the persons we enter into contracts with, be liable for any of the following types of loss or damage in relation to this Agreement or otherwise:
any loss or damage whatsoever that is not directly related to our breach of this Agreement; or
any loss of revenue, profits, business, goodwill, contracts, or savings even if we were informed of the possibility of such occurrence; or
any loss or corruption of data.

We shall not be liable for any bank charges that you may incur in sending, receiving or redeeming funds.

We accept no responsibility in the event that you send money to the incorrect account.

Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law.

34. Intellectual property rights

We, the system vendor and/or our licensors grant you a limited, non-exclusive, non-transferable license for the use of any software application(s) you access through or have downloaded to your personal computer, mobile device, or platform, including an Application Programming Interface (API) or a Developer’s toolkit where applicable, but this is for your personal use only. You may not:

Transfer, lease or rent, sell or distribute these rights to any person or entity.
Alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from OKTO material.

With this you acknowledge that all rights related to OKTO material, belong exclusively to us or to a third-party provider depending on the contractual arrangements between us and the third-party provider.

The brand(s), website(s) URL(s), logos relating to the name, products and services described/used in/on electronic and hard copy material are either copyrighted, or are registered trademarks, or are our trademarks or trademarks of a third-party provider and/or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are copyrighted service marks, trademarks belonging to us and/or our licensors. Copying, modification, alteration of any kind, amendment or use of any kind is strictly prohibited.

Specifically, we and/or our licensors are the owners of all rights, interests and titles of logos, tradenames, registered and unregistered trademarks, custom designs, proprietary software core code, patentable applications, trade secrets, registered and unregistered copyrights, any and all other intellectual property, proprietary rights or other rights related to intangible property which are used, or developed in connection with any of the Services and you agree not to claim ownership of or interest in any such intellectual property right.

You acknowledge that you have not obtained any rights expressed or implied other than the rights granted to you under the terms of this Agreement, and that no title of ownership has been transferred to you under this Agreement.

You shall not undertake any action with the intent to ascertain and/or obtain for any reason or purpose our and/or our licensors’ systems source code, processes or data. You have not been granted the right and shall not sell, resell, lease or sublet, sublicense, lend or otherwise transfer the services or components thereof.

35. Contact us

All queries should be directed towards support@oktopayments.com, which operates and handles the Customer Service. Customer Service means the customer support that can be accessed online by sending an email at support@oktopayments.com.

Updated on: 26.09.2023